alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2021297EN.01003201.xml

| 26.7.2021 | EN | Official Journal of the European Union | C 297/32 |
| --- | --- | --- | --- |

26.7.2021

EN

Official Journal of the European Union

C 297/32

---

Judgment of the General Court of 9 June 2021 — Exxonmobil Petroleum & Chemical v ECHA

(Case T-177/19) (1)

(REACH - Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 - Inclusion of phenanthrene on that list - Articles 57 and 59 of Regulation No 1907/2006 - Manifest error of assessment - Weight of evidence determination - Proportionality - Obligation to state reasons - Right to be heard)

(2021/C 297/37)

Language of the case: English

Parties

Applicant: Exxonmobil Petroleum & Chemical BVBA (Antwerp, Belgium) (represented by: A. Kołtunowska and A. Bartl, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: W. Broere, C. Buchanan and M. Heikkilä, acting as Agents, and by S. Raes, lawyer)

Intervener in support of the applicant: European Petroleum Refiners Association (Brussels, Belgium) (represented by: J.-P. Montfort and T. Delille, lawyers)

Intervener in support of the defendant: French Republic (represented by: A.-L. Desjonquères, E. Leclerc, T. Stehelin and W. Zemamta, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of ECHA Decision ED/88/2018 of 19 December 2018, in so far as it places phenanthrene on the list of substances identified as being of very high concern provided for in Article 59 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Exxonmobil Petroleum & Chemical BVBA to bear its own costs and pay those incurred by the European Chemicals Agency (ECHA); |
| --- | --- |

2.

Orders Exxonmobil Petroleum & Chemical BVBA to bear its own costs and pay those incurred by the European Chemicals Agency (ECHA);

| 3. | Orders the French Republic and the European Petroleum Refiners Association to bear their own costs. |
| --- | --- |

3.

Orders the French Republic and the European Petroleum Refiners Association to bear their own costs.

---

(1)  OJ C 187, 3.6.2019.

---
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

Ju ly 2 5 , 2018 

# Order

Clerk July 2 5 , 2018

152798 (44 )

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

SC: 152798

v COA: 322151

Oakland CC: 2012

- 242851

- FH

ANTHONY GESTAIL TUCKER,

Defendant

- Appellant.

_________________________________________/

On order of the C hief Justice , the motion of defendant

- appellant to extend the time

for filing his brief on appeal is GRANTED

. The brief will be accep ted as timely filed if

submitted on or before September 25, 2018.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED INTERIM CONSOLIDATED FINANCIAL STATEMENTS OF MINERA ANDES INC. FOR THE
THREE-MONTH PERIOD ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                         854,248
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               887,189
<PP&E>                                       4,183,431
<DEPRECIATION>                                 132,629
<TOTAL-ASSETS>                               4,937,991
<CURRENT-LIABILITIES>                          204,152
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    18,027,623
<OTHER-SE>                                (13,293,784)
<TOTAL-LIABILITY-AND-EQUITY>                 4,937,991
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               190,363
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (190,363)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (190,363)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (190,363)
<EPS-BASIC>                                     (0.01)
<EPS-DILUTED>                                   (0.01)


</TABLE>
112TH CONGRESS 

1ST SESSION S. CON. RES. 3 

CONCURRENT RESOLUTION 

Whereas Staff Sergeant Salvatore Giunta of the United 

States Army, a native of Hiawatha, Iowa, was awarded 

the Medal of Honor by President Obama on November 

16, 2010; 

Whereas the Medal of Honor is the highest honor awarded 

to members of the Armed Forces for valor in combat; 

Whereas the official citation awarding the Medal of Honor to 

Staff Sergeant Giunta states that Staff Sergeant Giunta 

‘‘distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call 

of duty in action with an armed enemy in the Korengal 

Valley, Afghanistan, on October 25, 2007’’; 

Whereas Staff Sergeant Giunta joins an elite group of Medal 

of Honor recipients dating back to the Civil War; 

Whereas the production and distribution of a medal of honor 

recognizing individual valor was first proposed by a fellow 

Iowan, Senator James W. Grimes, and the Secretary of 

the Navy was authorized to award the first ‘‘medals of 

honor’’ under section 7 of the Act of December 21, 1861 

(12 Stat. 330; chapter I); 

Whereas Staff Sergeant Giunta is the first living recipient of 

the Medal of Honor since the Vietnam War; 
2 

†SCON 3 ES 

Whereas Staff Sergeant Giunta displayed true courage in the 

face of enemy fire, risking his own life for the benefit of 

an injured soldier; 

Whereas the actions of Staff Sergeant Giunta represent the 

highest values of the Army and the United States; 

Whereas Staff Sergeant Giunta has demonstrated humility 

and dedication to his fellow soldiers on numerous occasions, stating that the Medal of Honor does not belong 

to him alone, but also to his fellow soldiers, both living 

and dead, for whom he holds the Medal of Honor in 

trust; and 

Whereas the brave actions of Staff Sergeant Giunta, which 

went above and beyond the call of duty, as well as the 

modesty and selfless service exhibited by Staff Sergeant 

Giunta, stand as the embodiment of the best attributes 

of the people of the United States: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) honors the service and sacrifice of Staff 

4 Sergeant Salvatore Giunta of the United States 

5 Army, who is the first living recipient of the Medal 

6 of Honor since the Vietnam War; and 
3 

†SCON 3 ES 

1 (2) encourages the people of the United States 

2 to recognize the valor and heroism exhibited by Staff 

3 Sergeant Giunta. 

Passed the Senate January 25 (legislative day, January 5), 2011. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION S. CON. RES. 3 

CONCURRENT RESOLUTION 

Honoring the service and sacrifice of Staff Sergeant 

Honor since the Vietnam War. and the first living recipient of the Medal of Salvatore Giunta, a native of Hiawatha, Iowa,
Consent of Independent Registered Public Accounting Firm
            ---------------------------------------------------------

The Board of Directors
Young Innovations, Inc.:

We consent to the incorporation by reference in registration statements Nos.
333-61572, 333-65673 and 333-57742 on Form S-8 of Young Innovations, Inc. of our
reports dated March 4, 2005, with respect to the consolidated balance sheets of
Young Innovations, Inc. and subsidiaries as of December 31, 2004 and 2003 and
the related consolidated statements of income, stockholders' equity and cash
flows for each of the years in the three-year period ended December 31, 2004 and
the related financial statement schedule, management's assessment of the
effectiveness of internal control over financial reporting as of December 31,
2004 and the effectiveness of internal control over financial reporting as of
December 31, 2004, which reports appear in the December 31, 2004 annual report
on Form 10-K of Young Innovations, Inc. and to the reference to our firm under
the caption "Item 9A- Controls and Procedures."

(Signed) KPMG LLP

Chicago, Illinois
March 4, 2005
# C_2021098EN.01002302.xml

| 22.3.2021 | EN | Official Journal of the European Union | C 98/23 |
| --- | --- | --- | --- |

22.3.2021

EN

Official Journal of the European Union

C 98/23

---

Judgment of the General Court of 3 February 2021 — Numbi v Council

(Case T-120/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/25)

Language of the case: French

Parties

Applicant: John Numbi (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr John Numbi to pay the costs. |
| --- | --- |

2.

Orders Mr John Numbi to pay the costs.

---

(1)  OJ C 139, 15.4.2019.

---
#### In the Matter of the Estate of Lena E. Cioffi, Deceased. James L. Lanzillo et al., as Executors of the Estate of Lena E. Cioffi, Deceased, Appellants; Antoinette B. Crossman et al., Respondents.

—Main, J. P.

Appeal from an order of the Surrogate’s Court of Rensselaer County (Travers, S.), entered June 21, 1985, which denied petitioners’ motion for summary judgment striking the objections to probate of decedent’s last will and testament.

Objections to the probate of decedent’s last will and testament, executed April 30, 1975, were duly filed by respondents, who alleged that (1) the will had not been executed and published according to statutory requirements, (2) decedent had not been of sound mind at the time that she made the will, and (3) the subscription and publication of the will had been procured through the fraud and undue influence of petitioner James L. Lanzillo. The second above-mentioned objection, that decedent had not been of sound mind, was later withdrawn by respondents. Thereafter, respondents filed a bill and supplemental bill of particulars, and proceedings were conducted in Surrogate’s Court to take the testimony of the attesting witnesses of decedent’s will. Alleging that there were no issues of fact to be resolved, petitioners moved for summary judgment dismissing the remaining two objections and admitting the will to probate. Surrogate’s Court denied the motion and this appeal ensued.

The testimony and proof proffered by petitioners clearly establish that the statutory requirements of the EPTL were scrupulously followed. Furthermore, the record shows that Lanzillo, an executor of the will and residuary beneficiary thereunder, did not unduly influence or fraudulently induce decedent into drawing the instrument in question. In fact, Lanzillo, the godchild of decedent’s first husband and a friend of decedent as well, was the residuary beneficiary of decedent’s 1961 will, and any alterations made by virtue of the provisions of decedent’s 1975 will benefited him in no way.

In opposition to all of this, respondents offer nothing more than bald, conclusory charges. Admittedly, the granting of summary judgment in contested probate proceedings is rare *861
      *(Matter of Witkowski,*85 AD2d 807, 808, *lv denied*56 NY2d 505). However, "where, as here [petitioners] have made out a prima facie case for probate and [respondents have] failed to raise any issue of fact with respect to the issues of will execution (EPTL 3-2.1), capacity, undue influence or fraud, such relief should not be withheld” *(supra,*p 808; *see, Matter of Betz,*63 AD2d 769; *cf. Matter of Lyons,*96 AD2d 617). Accordingly, petitioners’ motion for summary judgment should have been granted.

Order reversed, on the law, with costs, and motion granted. Main, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
Exhibit 32.1

Certifications of Chief Executive Officer

and Chief
Financial Officer

Pursuant to

18 U.S.C. Section 1350,

As Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Computer Programs and Systems, Inc. (the Company) on Form 10-K for the year ended December 31, 2009, as filed with the Securities and Exchange
Commission on the date hereof (the Report), J. Boyd Douglas, President and Chief Executive Officer of the Company, and Darrell G. West, Vice President  Finance and Chief Financial Officer of the Company, each hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
| | --- | -----------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 5, 2010



|                                     
|-------------------------------------
|/s/ J. Boyd Douglas                  
|J. Boyd Douglas                      
|President and Chief Executive Officer



|                            
|----------------------------
|/s/ Darrell G. West         
|Darrell G. West             
|Vice President - Finance and
|Chief Financial Officer
#### SHEA v. LYNSKEY.

(Supreme Court, Appellate Division, First Department.

March 15, 1912.)

Action by Denis J. Shea against Thomas Lynskey. With this case has been consolidated in this court, cases bearing titles as follows: Federal Sign System v. Theodore Soutsos; Paul Shotland v. Delia Mulligan; Vincenzo D’Elette v. Illinois Surety Co. No opinions. Applications denied, with $10 costs. Orders signed. See, also, 133 N. Y. Supp. 477.
ex4_101.htm


     

    Exhibit 4.101

     

    
 

    


    First
Floor, Block 3, The Oval, Shelbourne Road, Ballsbridge, Dublin 4,
Ireland.

    Tel:  +353
(0) 1 669 9020    Fax:  +353 (0) 1 669
9028

    


     

    October
12, 2009

     

    Dr Declan
Doogan

    


    Dear
Declan

     

    I am
pleased to offer you the position of Chief Executive Officer of Amarin
Corporation plc (“the Company”) from 19th October 2009.  Initially,
your appointment will be on an “acting” or “interim” capacity and your
confirmation (or otherwise) in this position is subject to future determination
by the Board of Directors.  You will be named to the position of
President of the Company when such position becomes vacant.

     

    As CEO,
you will be the Company’s principal executive officer and will report to the
Company’s Board of Directors.  The Board may establish such Special or
Standing Committees as it deems appropriate and may, from time to time, delegate
its powers to such a Committee or Committees.

     

    In
recognition of your agreement to become CEO, the Board is pleased to offer you
an option over 1,170,000 American Depositary Shares (“ADSs”) to be granted on
January 1, 2010.  The per share purchase price of such grant will be
determined by reference to the closing price for Amarin ADSs on December 31,
2009 as determined by the closing price on the NASDAQ National
Market.

     

    Such
stock options will vest rateably as set forth below and are subject to the terms
of the Company’s Stock Option Plan.

     

    
      	
              January
      1, 2010

            	
              25%

            
	
              January
      1, 2011

            	
              25%

            
	
              January
      1, 2012

            	
              25%

            
	
              January
      1, 2013

            	
              25%

            


    

     

    Other
terms and conditions of your employment remain unchanged except you will be
aware that a review will be undertaken of the Company’s remuneration and
executive retention policies in the fourth quarter of 2009.

     

    I trust
that these terms are satisfactory and I would be very grateful if you could
signify your approval and consent by return email.

     

    In due
course, the above terms will be included in a revised contract of
employment.

     


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    


     

    


    


    First
Floor, Block 3, The Oval, Shelbourne Road, Ballsbridge, Dublin 4,
Ireland.

    Tel:  +353
(0) 1669 9020    Fax:  +353 (0) 1669
9028

    


    


     

    Very
truly yours,

    


    


    


    /s/ Thomas G.
Lynch

    THOMAS G.
LYNCH

    CHAIRMAN
OF THE BOARD

    


    OCTOBER
12, 2009

    


    


    


    


    I hereby
accept and agree to the terms set out above.

    


    


    


    /s/ Dr. Declan
Doogan

    DR.
DECLAN DOOGAN

    


    


    


    OCTOBER
12, 2009
#### The People of the State of New York, Respondent, v James Orr, Appellant.

Appeal by the defendant from two judgments of the Supreme Court, Kings County (Lane, J.), both rendered April 23,1984, convicting him of manslaughter in the first degree under indictment No. 3200/83 and attempted robbery in the first degree under indictment No. 2760/82, upon his *938pleas of guilty, and sentencing him to consecutive indeterminate terms of *8V2*to 25 years and *IV2*to 4% years’ imprisonment, respectively.

Judgments affirmed.

On this appeal, the defendant contends that his pleas of guilty should be vacated because he was not advised at the taking of the pleas of his “Constitutional right to force the People to prove his guilt to a unanimous jury”. Having failed either to move to withdraw his plea on this ground prior to the imposition of sentence *(see,*CPL 220.60 [3]), or to vacate judgment pursuant to CPL 440.10, the defendant has not preserved the issue of the sufficiency of the plea allocution for appellate review *(see,*CPL 470.05 [2]; *People v Claudio,*64 NY2d 858; *People v Pellegrino,*60 NY2d 636; *People v Mattocks,*100 AD2d 944). Moreover, were we to review this issue in the interest of justice, vacatur would not be required because the allocution satisfied the requirements of *People v Harris*(61 NY2d 9).

There is no merit to the defendant’s contention that his consecutive sentences, which were imposed in accordance with the negotiated plea agreements *(see, People v La Lande,*104 AD2d 1052; *People v Nelson,*104 AD2d 1055; *People v Kazepis,*101 AD2d 816), were unduly harsh or excessive. Moreover, we perceive no basis for modifying the sentences in the interest of justice *(see, People v Suitte,*90 AD2d 80). Mollen, P. J., Lazer, Mangano and Brown, JJ., concur.
Exhibit 13.1





PRINCIPAL EXECUTIVE OFFICER CERTIFICATION


PURSUANT TO 18 U.S.C. SECTION 1350








In connection with this Annual Report of Nordic American Tanker Shipping Limited. (the "Company") on Form 20-F for the year ended December 31, 2010 as filed with the Securities and Exchange Commission (the "SEC") on or about the date hereof (the "Report"), I, Herbjørn Hansson, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:








(1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.








Date:  April  21, 2011








/s/ Herbjørn Hansson


Herbjørn Hansson


Chief Executive Officer (Principal Executive Officer)